Legal Opinion
Application of Preformed Line Products Company
Court of Customs and Patent Appeals
Decided November 14, 1963No. Patent Appeal 6993PublishedCited by 15 opinions
1Opinion of the Court
SMITH, Judge.
The Trademark Trial and Appeal Board affirmed (133 USPQ 623) the refusal of the examiner to register appellant’s alleged mark “Preformed” 1 on the Principal Register under section 2(f) of the Trademark Act of 1946 (15 U.S.C. 1052). The refusal to register the alleged mark was on the ground that the mark is merely descriptive and in the public domain as applied to applicant’s goods and is therefore incapable of distinguishing such goods from like goods of others. This appeal raises the single issue as to the correctness of that holding.
The goods with which appellant uses the…
2Cases cited3 opinions
- Roselux Chemical Co., Inc., Bonnie-Lan, Inc., and Proxite Products, Inc. v. Parsons Ammonia Company, Inc.Court of Customs and Patent Appeals · 1962
- Weiss Noodle Company v. Golden Cracknel and Specialty CompanyCourt of Customs and Patent Appeals · 1961
- J. Kohnstam, Ltd. v. Louis Marx and Company, Inc., and Linemar Co., IncCourt of Customs and Patent Appeals · 1960
3Cited by15 opinions
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- Miller Brewing Company v. G. Heileman Brewing Company, Inc.Court of Appeals for the Seventh Circuit · 1977
- Ces Publishing Corp., Plaintiff-Appellant-Cross-Appellee v. St. Regis Publications, Inc. Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1975
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- In re Ideal Industries, Inc.Court of Customs and Patent Appeals · 1975
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